RAMBILAS DOM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction recorded and sentence awarded by the learned Sessions Judge by which the appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of ? 5,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for five months.

(2.) Case of the prosecution, in short, is that on 6/5/2015 at 08.00 p.m. at Village Bhelwatoli, Ghoghar, Police Station Kansabel, District Jashpur, the appellant assaulted Rameshwar Dom by axe on his head by which he suffered grievous injuries and died. Further case of the prosecution is that on the date of offence, wife of the appellant Smt. Budhni Bai (PW-1) was in her house when her husband i.e. the appellant herein came in the state of intoxication and started abusing her and also slapped her by which her father's brother Rameshwar Dom (deceased) intervened and asked the appellant not to do that and on sudden provocation, in heat of anger, the appellant assaulted Rameshwar Dom by axe and caused injuries three times on head by which he sustained grievous injuries and died. The offence was registered vide FIR Ex.P-1 and morgue Ex.P-2 and inquest on the dead body of the deceased was conducted vide Ex.P-8. On the recommendation of panchas, the dead body was sent for postmortem which was conducted by Dr. Deepak Mire (PW-2) vide postmortem report Ex.P-5 in which cause of death was stated to be due to cardio-respiratory failure, due to intracranial haemorrhage because of grievous injury over head and death was homicidal in nature. The weapon of offence axe was seized vide Ex.P-9 from the place of incident. Seized articles were sent for chemical examination to the FSL, but no FSL report has been brought on record.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After due investigation, the accused / appellant was charge-sheeted for offence under Sec. 302 of the IPC and charge-sheet was filed before the jurisdictional criminal court and the case was committed to the Court of Sessions for conducting the trial and hearing and disposal in accordance with law.